Comcare v Wiggins

Comcare appealed against a decision of the Administrative Appeals Tribunal that Ms Wiggins, a former officer of the Australian Federal Police, was entitled to compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth). Ms Wiggins claimed that she suffered a psychological condition as a result of bullying by her team leader. Comcare argued that her condition was caused by reasonable administrative action taken in a reasonable manner. The court had to decide whether the Tribunal erred by failing to consider medical reports and related submissions made by Comcare in addressing the causation of Ms Wiggins’ condition, whether the Tribunal failed to take into account evidence of witnesses, whether the Tribunal failed to take into account contemporaneous notes, and whether the Tribunal failed to provide adequate reasons.

The court found that Comcare’s core complaint was whether the Tribunal erred by failing to consider the reports of Dr Mendelson and Dr Paoletti, and Comcare’s related submissions about the 31 January 2014 meeting, in addressing the causation of Ms Wiggins’ ailment. The court noted that the Tribunal had set out the evidence of Ms Wiggins and Mr Withers regarding the 31 January 2014 meeting and a subsequent meeting on 4 February 2014 in some detail. The Tribunal referred to Ms Wiggins’ evidence that during the meeting Mr Withers told her that some team members were playing games and that he accepted that she preferred to sit back and watch, rather than participate. The Tribunal also referred to Ms Wiggins’ evidence that she asked for a copy of the emails that described her as a trouble-maker but Mr Withers refused, saying she was not entitled to receive a copy. The court found that the Tribunal had considered the medical evidence and the 31 January 2014 meeting as cause of Ms Wiggins’ ailment and had provided adequate reasons for its decision. The court dismissed the appeal and ordered that Comcare pay the respondent’s costs of the proceeding.